H.B. 363

This document includes House Committee Amendments incorporated into the bill on Fri,
Feb 10, 2012 at 11:55 AM by lerror. -->
This document includes House Committee Amendments (CORRECTED) incorporated
into the bill on Tue, Feb 14, 2012 at 11:29 AM by jeyring. -->
This document includes House Floor Amendments incorporated into the bill on Thu, Feb
23, 2012 at 1:15 PM by lerror. -->
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HEALTH EDUCATION AMENDMENTS

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2012 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Bill Wright

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Senate Sponsor:
Margaret Dayton

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LONG TITLE
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General Description:
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This bill modifies requirements for health instruction, including human sexuality
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instruction.
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Highlighted Provisions:
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This bill:
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. permits a local school board or charter school governing board to provide human
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sexuality instruction or instructional programs in accordance with state law and
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State Board of Education rules;
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. requires human sexuality instruction or instructional programs to teach and stress:
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. the importance of abstinence from all sexual activity before marriage and
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fidelity after marriage as the only sure methods for preventing certain
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communicable diseases; and
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. personal skills that encourage individual choice of abstinence and fidelity;
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. imposes certain restrictions for human sexuality instructional programs;
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. permits a local school board or charter school governing board to adopt abstinence
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only instructional materials recommended by:
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. the State Board of Education; or
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. the school district's or charter school's curriculum materials review committee;
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and
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. makes technical changes.

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(ii) If a local school board or a charter school governing board decides to provide
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human sexuality instruction or instructional programs, the human sexuality instruction or
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instructional programs shall be provided in accordance with this section and H. supporting .H
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State Board of
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Education rules adopted under this section H. and consistent with this section .H.
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(b) [(i) That instruction] Human sexuality instruction or instructional programs shall
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teach and stress:
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[(A)] (i) the importance of abstinence from all sexual activity before marriage and
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fidelity after marriage as the only sure methods for preventing certain communicable diseases;
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and
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[(B)] (ii) personal skills that encourage individual choice of abstinence and fidelity.
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(c) Human sexuality instruction or instructional programs may not include instruction
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in H. [
[
] [, ] or the advocacy of [
]
] [
, or the discussion of
] .H:
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(i) the intricacies of intercourse, sexual stimulation, or erotic behavior;
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(ii) H. [
the advocacy of
] .H homosexuality;
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(iii) H. [
the advocacy or encouragement of
] the use of .H contraceptive methods or
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devices; or
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(iv) H. [
the advocacy of
] .Hsexual activity outside of marriage.
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[(ii) (A)] (d) (i) At no time may instruction be provided, including responses to
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spontaneous questions raised by students, regarding any means or methods that facilitate or
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encourage the violation of any state or federal criminal law by a minor or an adult.
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[(B) Subsection (1)(b) (ii)(A) does not preclude an]
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(ii) An instructor [from responding] may respond to a spontaneous question as long as
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the response is consistent with the provisions of this section.
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[(c) (i)] (e) (i) (A) The board H. , in consultation with parents, .H shall recommend
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abstinence only instructional materials
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for use in [the curricula required under Subsection (1)(a)] human sexuality instruction or
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instructional programs H. [
after considering evaluations of abstinence only instructional materials
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by the State Instructional Materials Commission
] .H .
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H. (B) Abstinence only instructional materials recommended under Subsection (3)(e)(i)(A)
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may include abstinence only instructional materials developed by the State Board of Education
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in consultation with parents or abstinence only instructional materials evaluated by the State
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Instructional Materials Commission.
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(C) Instructional materials recommended under Subsection (3)(e)(i)(A) shall include

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a parent education component in which instruction or instructional materials are made
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available to parents to assist parents in providing human sexuality instruction to their
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children.
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[
(B)
] (D) .HThe board may not recommend instructional materials other than abstinence
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only
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instructional materials for use in human sexuality instruction or instructional programs.
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(ii) A local school board or charter school governing board may choose to adopt:
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(A) the abstinence only instructional materials recommended under Subsection [(1)(c)]
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(3)(e)(i); or

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(B) other abstinence only instructional materials as provided in state board rule.
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(iii) The state board rule made under Subsection [(1)(c)] (3)(e)(ii)(B) shall include, at a
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minimum:
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(A) that the abstinence only instructional materials adopted by a local school board or
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charter school governing board under Subsection [(1)(c)] (3)(e)(ii)(B) shall be based upon
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recommendations of the school district's or charter school's curriculum materials review
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committee that comply with [state law and state board rules emphasizing abstinence before
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marriage and fidelity after marriage, and prohibiting instruction in:] the requirements and
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restrictions applicable to human sexuality instruction or instructional programs specified in
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Subsections (3)(b) and (c);
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H. (B) that parents or guardians of children enrolled in the school district or charter
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school shall be the majority of members of a curriculum materials review committee;
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(C) that a school district or charter school, in consultation with parents, may develop
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abstinence only curriculum materials;
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(D) that abstinence only instructional materials adopted under Subsection (3)(e)(ii)(B)
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shall include a parent education component in which instruction or instructional materials are
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made available to parents to assist parents in providing human sexuality instruction to their
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children. .H
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[(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;]
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[(II) the advocacy of homosexuality;]
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[(III) the advocacy or encouragement of the use of contraceptive methods or devices;
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or]
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[(IV) the advocacy of sexual activity outside of marriage;]
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H. [
(B)
] (E) .H that the adoption of abstinence only instructional materials shall take
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place in an
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open and regular meeting of the local school board or charter school governing board for which
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prior notice is given to parents and guardians of students attending schools in the district and an
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opportunity for them to express their views and opinions on the materials at the meeting;
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H. [
(C)
] (F) .H provision for an appeal and review process of the local school board's or
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charter
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school governing board's decision; and
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H. [
(D)
] (G) .H provision for a report by the local school board or charter school
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governing board
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to the State Board of Education of the action taken and the abstinence only instructional

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materials adopted by the local school board or charter school governing board under
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Subsections [(1)(c)] (3)(e)(ii)(B) and [(1)(c)] (3)(e)(iii).
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[(2)] (4) (a) Instruction in the courses described in Subsection [(1)] (2) shall be
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consistent and systematic in grades eight through 12.
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(b) At the request of the [board] State Board of Education, the Department of Health
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shall cooperate with the board in developing programs to provide instruction in those areas.
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[(3)] (5) (a) The [board] State Board of Education shall adopt rules that:
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(i) provide that the parental consent requirements of Sections
76-7-322
and
76-7-323

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are complied with; and
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(ii) require a student's parent or legal guardian to be notified in advance and have an
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opportunity to review the information for which parental consent is required under Sections
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76-7-322
and
76-7-323
.
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(b) The [board] State Board of Education shall also provide procedures for disciplinary
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action for violation of Section
76-7-322
or
76-7-323
.
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[(4)] (6) (a) In keeping with the requirements of Section
53A-13-109
, and because
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school employees and volunteers serve as examples to their students, school employees or
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volunteers acting in their official capacities may not support or encourage criminal conduct by
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students, teachers, or volunteers.
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(b) To ensure the effective performance of school personnel, the limitations described
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in Subsection [(4)] (6)(a) also apply to school employees or volunteers acting outside of their
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official capacities if:
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(i) they knew or should have known that their action could result in a material and
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substantial interference or disruption in the normal activities of the school; and
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(ii) that action does result in a material and substantial interference or disruption in the
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normal activities of the school.
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(c) Neither the State Office of Education [nor], local school districts, nor charter
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schools may provide training of school employees or volunteers that supports or encourages
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criminal conduct.
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(d) The State Board of Education shall adopt rules implementing this section.
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(e) Nothing in this section limits the ability or authority of the State Board of
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Education [and], local school boards, or charter school governing boards to enact and enforce
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rules or take actions that are otherwise lawful, regarding educators', employees', or volunteers'
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qualifications or behavior evidencing unfitness for duty.
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[(5)] (7) Except as provided in Section
53A-13-101.1
, political, atheistic, sectarian,
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religious, or denominational doctrine may not be taught in the public schools.
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[(6)] (8) (a) Local school boards, charter school governing boards, and their employees
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shall cooperate and share responsibility in carrying out the purposes of this chapter.
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(b) Each school district and charter school shall provide appropriate inservice training
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for its teachers, counselors, and school administrators to enable them to understand, protect,

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and properly instruct students in the values and character traits referred to in this section and
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Sections
53A-13-101.1
,
53A-13-101.2
,
53A-13-101.3
,
53A-13-109
,
53A-13-301
, and
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53A-13-302
and distribute appropriate written materials on the values, character traits, and
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conduct to each individual receiving the inservice training.
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(c) The written materials shall also be made available to classified employees, students,
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and parents and guardians of students.
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(d) In order to assist school districts in providing the inservice training required under
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Subsection [(6)] (8)(b), the State Board of Education [shall] may as appropriate, contract with a
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qualified individual or entity possessing expertise in the areas referred to in Subsection [(6)]
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(8)(b) to develop and disseminate model teacher inservice programs which districts may use to
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train the individuals referred to in Subsection [(6)] (8)(b) to effectively teach the values and
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qualities of character referenced in that subsection.
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(e) In accordance with the provisions of Subsection [(4)] (6)(c), inservice training may
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not support or encourage criminal conduct.
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[(7)] (9) If any one or more provision, subsection, sentence, clause, phrase, or word of
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this section, or the application thereof to any person or circumstance, is found to be
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unconstitutional, the balance of this section shall be given effect without the invalid provision,
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subsection, sentence, clause, phrase, or word.